Jharkhand High Court rules that a wife must file an affidavit of disclosure in maintenance cases, even if an ex parte order has been passed against the husband.

Facts of the case:

1. ABC (wife) filed a maintenance case against her husband, XYZ, seeking financial support under Section 125 of the Cr.P.C.

2. An ex parte order was passed against XYZ due to his absence during the proceedings.

3. XYZ challenged the order, claiming that the court failed to consider the financial status of the wife, arguing that she should also file an affidavit of disclosure regarding her income and assets.

4. The wife argued that since the order was ex parte, there was no need for her to file the affidavit, as the decision was already made.

5. The case was brought before the Jharkhand High Court to decide whether the wife is still required to file an affidavit disclosing her income and assets, even after an ex parte order.

Issues:

1. Whether the wife is obligated to file an affidavit of disclosure regarding her financial status in a maintenance case, despite an ex parte order against the husband.

2. Whether the husband's challenge to the ex parte order is valid in the absence of financial disclosure from the wife.

3. Whether non-filing of the affidavit by the wife affects the legitimacy of the ex parte maintenance order.

Legal Points:

1. Affidavit of Disclosure: As per guidelines established by the Supreme Court in Rajnesh vs Neha (2020), both parties are required to file an affidavit of assets, income, and liabilities in maintenance cases, irrespective of the proceedings being ex parte or otherwise.

2. Ex Parte Orders in Maintenance: Even if an ex parte order is passed, transparency regarding financial status is necessary for the fair adjudication of maintenance claims.

3. Principles of Natural Justice: Non-disclosure of the wife's financial status, despite an ex parte order against the husband, could lead to an unfair determination of the maintenance amount.

Judgement Summary:

1. The Jharkhand High Court ruled that the wife is required to file an affidavit disclosing her income and assets even if the court had already passed an ex parte order against the husband.

2. The court emphasized that the affidavit is essential for the equitable determination of maintenance, ensuring transparency and fairness in the proceedings.

3. The court observed that even in ex parte proceedings, both parties have a duty to provide accurate financial disclosures as mandated by the Supreme Court guidelines.

4. The court allowed the husband's challenge and directed the wife to file the affidavit within a stipulated time. The maintenance order would be reconsidered based on the new financial information provided.

Notes for Legal Practitioners:

1. Importance of Financial Disclosure: In maintenance cases, it is imperative that both parties file detailed affidavits disclosing their income, liabilities, and assets to ensure a fair determination of maintenance, regardless of whether the proceedings are ex parte.

2. Adherence to Supreme Court Guidelines: Practitioners should advise their clients to comply with the requirements laid down in the Rajnesh vs. Neha case, where the necessity of filing affidavits was emphasized for both parties.

3. Challenging Ex Parte Orders: Ex parte orders in maintenance cases are not immune from challenges. Advocates should carefully examine whether the wife has fulfilled her duty of financial disclosure, as failure to do so can affect the outcome.

4. Ensuring Equity in Maintenance Proceedings: Legal practitioners must ensure that courts have a complete financial picture of both parties before deciding on maintenance amounts. This helps in avoiding one-sided decisions that might later be subject to reversal or modification.